I left US for 3.5 days, left on Saturday and came back on Tuesday. I logged in on the UI site while i was abroad. I am not sure if I tried to claim anything, but I got a message on a site that I am not allowed to use a system while abroad. I did not claim until I came back to US. I did not think I was doing anything wrong since I was in US Monday through Friday. I certified from US on Tuesday that I was available. Actually on NY site the question is "how many days you were unavailable (I certified 0)". I did not try to misrepresent anything, I was always thinking that I am supposed to be available during the days of my normal employment in my usual occupation. I did not even think that I was supposed to be available during the weekend. I called department of Labor next day on a different subject. The rep said that my account was locked. I said - it is great I called what is the problem? She asked if I was outside of the country and said yes I was. She said that somebody will contact me about it. I said ok. That is when I started to question myself on everything.
The confusion comes from the choices on the filing page. The choices for unavailable days are: 0,1,2,3,4 or more. So I thought I am choosing between 5 days excluding weekend.
I am so glad that I called them right after I came back and reported that I was outside US but I feel stupid for not reading a claimant book carefully and missing the fact that I was supposed to call them in advance.
In a week I received a letter stating that they question my availability. I answered all the questions truthfully and attached copies of my passport. I have not claimed any benefits since than, since I should have known better to call DI before I left and get clarification. What penalties could be in this case? And was I wrong thinking that weekend does not count since it is not really normal working days nor they are normal days to start work in my occupation.
The state is NY
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.